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Odger's English Common Law

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252 NUISANCE.<br />

shaft, within twenty-five yards of the centre of a carriage-way, or erects a<br />

windmill within fifty yards of it, will be- liable to be fined £5 unless<br />

sufficient screens are erected to prevent horses being frightened. 1<br />

So it is an offence for which every person offending may be fined 40s.<br />

over and above the damages which he occasions 2 :<br />

To wilfully ride upon any footpath or causeway by the side of any road<br />

made or set apart for the use or accommodation of foot-passengers.<br />

To wilfully lead or drive any horse, ass, sheep, mule, swine or cattle, or<br />

carriage of any description, or any truck or sledge, upon any such footpath<br />

or causeway.<br />

To tether any horse, ass, mule, swine or cattle on any highway so as to<br />

suffer or permit the tethered animal to be thereon.<br />

To cause any injury or damage to be done to the surface of any highway,<br />

or to the hedges, posts, rails, walls or fences of any highway.<br />

To wilfully obstruct the passage of any footway.<br />

To dig or cut down the banks which are the securities and defence of<br />

any highway.<br />

To pull down, destroy, obliterate or deface any milestone or post,<br />

graduated or direction post or stone, erected upon any highway.<br />

To play football or any other game on any part of a highway to the<br />

annoyance of any passenger. 3<br />

For any hawker, higgler, gipsy or other person travelling, to pitch<br />

any tent, booth, stall or stand, or to encamp upon any part of any<br />

highway.<br />

To make or assist in making any fire, or wantonly fire off any gun or<br />

pistol, or set fire to or wantonly let off or throw any squib, rocket, serpent<br />

or other firework whatsoever within fifty feet of the centre of any carriageway<br />

or cartway.<br />

To bait, or run for the purpose of baiting, any bull upon or near any<br />

highway.<br />

To lay any timber, stone, hay, straw, dung, manure, lime, soil, ashes,<br />

rubbish or other matter or thing whatsoever upon any highway, to the<br />

injury, interruption or personal danger of any person travelling<br />

thereon.<br />

To suffer any filth, dirt, lime or other offensive matter or thing<br />

whatsoever to run or flow into or upon any highway from any house,<br />

building, erection, lands or premises adjacent thereto.<br />

The owner of any cart or waggon will be liable to a fine not exceeding<br />

40s., if it has not his name and address painted on the off-side in white<br />

letters not less than an inch high on a black background or in black letters<br />

on a white ground. 4<br />

Any person riding without reins, or leaving a vehicle on the road, or<br />

keeping his wrong side and obstructing the free passage of others, or riding<br />

or driving furiously so as to endanger the life or limb of any passenger,<br />

—<br />

i Highway Act, 1835 (5 & 6 Will. IV. c. 60), s. 70.<br />

2 lb. s. 72.<br />

3 Pap-pin v. Maynard (1863), 27 J. P. 745.<br />

* lb. s. 76.

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